This Pet Services and Membership Agreement (“Agreement”) is entered into by and between Stella Ventures Corp (“Company” or “Trustee”) and the undersigned client, member, or subscriber (“Member”). This Agreement governs all services provided by Company related to pet trust administration, pet guardianship coordination, pet care planning, placement, transportation, monitoring, and related support services, including services provided through the Company’s website and pursuant to a monthly or annual membership subscription.
BY CLICKING “I AGREE,” CHECKING AN ACCEPTANCE BOX, SUBMITTING PAYMENT, OR OTHERWISE ENROLLING THROUGH THE COMPANY’S WEBSITE, MEMBER ACKNOWLEDGES THAT THEY HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY THIS AGREEMENT.
1. ONLINE ENROLLMENT AND INFORMATION SUBMISSION
Member enrolls through Company’s website by purchasing a monthly or annual membership and submitting detailed information regarding the pet(s), including but not limited to care instructions, veterinary providers, boarding providers, emergency contacts, and other pet-related preferences (“Member Information”). Member represents and warrants that all information provided is accurate, complete, and current.
2. VALIDATION AND SERVICE COMMENCEMENT
3. MEMBERSHIP SUBSCRIPTION
Membership fees are billed monthly or annually in advance and are non-refundable except as required by law. Submission of Member Information does not guarantee acceptance or immediate commencement of services.
4. NO VETERINARY OR PROFESSIONAL SERVICES
Company does not provide veterinary, medical, behavioral, or legal services. All veterinary care, boarding, grooming, transportation, fostering, and related services are provided by independent third parties selected or approved by Member.
5. ASSUMPTION OF RISK
Member acknowledges that animal-related activities involve inherent, unpredictable, and uncontrollable risks including injury, illness, escape, behavioral incidents, theft, loss, or death. Member knowingly and voluntarily assumes all such risks except to the extent caused by Company’s proven gross negligence or willful misconduct.
6. LIMITATION OF LIABILITY
To the fullest extent permitted by law, Company’s total aggregate liability arising out of or relating to this Agreement, the membership subscription, website enrollment, or any services provided shall not exceed the total fees actually paid by Member to Company during the six (6) months immediately preceding the event giving rise to the claim.
7. WAIVER OF NON-ECONOMIC AND CONSEQUENTIAL DAMAGES
Member expressly waives any claim for emotional distress, pain and suffering, loss of companionship, sentimental value, or any indirect, incidental, consequential, exemplary, or punitive damages.
8. INDEMNIFICATION
Member agrees to indemnify, defend, and hold harmless Company, its members, managers, officers, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including attorneys’ fees) arising out of or related to:
9. ARBITRATION AND CLASS ACTION WAIVER
Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration on an individual basis. Member waives any right to participate in a class action, collective action, or representative proceeding.
10. GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict of laws principles.
11. INCORPORATION INTO PET TRUST
This Agreement is incorporated by reference into any Pet Trust administered or serviced by Company and shall control in the event of any conflict regarding liability allocation, indemnification, dispute resolution, or governing law.
12. ELECTRONIC SIGNATURES AND CLICKWRAP ENFORCEMENT
Member agrees that electronic acceptance through the Company’s website, including clickwrap or browsewrap mechanisms requiring affirmative assent, constitutes a legally binding signature pursuant to the Electronic Signatures in Global and National Commerce Act (E-SIGN) and the Uniform Electronic Transactions Act (UETA).
13. SEVERABILITY
If any provision of this Agreement is held unenforceable, such provision shall be modified to the minimum extent necessary to render it enforceable, and the remaining provisions shall continue in full force and effect.
IN WITNESS WHEREOF, Member agrees to be legally bound as of the date of electronic acceptance.
